Illinois General Assembly - Full Text of SB1383
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Full Text of SB1383  93rd General Assembly

SB1383enr 93rd General Assembly


093_SB1383enr

 
SB1383 Enrolled                      LRB093 09848 BDD 10096 b

 1        AN ACT in relation to civic centers.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Civic Center Code is amended by changing
 5    Sections 2-125, 2-126, 2-127,  2-128,  25-55,  55-45,  90-35,
 6    105-45,  140-50,  155-55,  170-50,  200-50,  205-75,  215-55,
 7    240-50, and 280-80 as follows:

 8        (70 ILCS 200/2-125)
 9        Sec.  2-125.  Contracts;  award  to other than highest or
10    lowest bidder by vote of 5 Board members. All  contracts  for
11    the sale of property of the value of more than $10,000 $2,500
12    or  for  a  concession in or lease of property, including air
13    rights, of the Authority for a term of  more  than  one  year
14    shall  be  awarded  to  the highest responsible bidder, after
15    advertising  for  bids.   All  construction   contracts   and
16    contracts  for  supplies,  materials, equipment and services,
17    when the expense thereof will exceed $10,000 $2,500, shall be
18    let to the lowest responsible bidder  after  advertising  for
19    bids, excepting (1) when repair parts, accessories, equipment
20    or services are required for equipment or services previously
21    furnished  or  contracted  for;  (2)  when  the nature of the
22    services required is such that competitive bidding is not  in
23    the  best interest of the public, including, without limiting
24    the  generality  of  the  foregoing,      the   services   of
25    accountants,  architects,  attorneys,  engineers, physicians,
26    superintendents of construction, and others possessing a high
27    degree of skill; and (3) when services such as water,  light,
28    heat, power, telephone or telegraph are required.
29        All contracts involving less than $10,000 $2,500 shall be
30    let  by  competitive bidding to the lowest responsible bidder
31    whenever possible, and in any event in a manner calculated to
 
SB1383 Enrolled             -2-      LRB093 09848 BDD 10096 b
 1    ensure the best interests of the public.  Competitive bidding
 2    is not required for the lease of  real  estate  or  buildings
 3    owned or controlled by the Authority.  The Board is empowered
 4    to offer such leases upon such terms as it deems advisable.
 5        In  determining  the  responsibility  of  any bidder, the
 6    Board may take into account the past record of dealings  with
 7    the  bidder,  the bidder's experience, adequacy of equipment,
 8    and ability to complete performance within the time set,  and
 9    other  factors  besides  financial  responsibility, but in no
10    case shall any such contracts be awarded to  any  other  than
11    the  highest bidder (in case of sale, concession or lease) or
12    the lowest bidder (in case of purchase or expenditure) unless
13    authorized or approved by a vote of at least 5 members of the
14    Board, and unless such action is accompanied by  a  statement
15    in  writing  setting  forth  the reasons for not awarding the
16    contract to the highest or lowest bidder, as the case may be,
17    which statement shall be kept on file in the principal office
18    of the Authority and open to public inspection.
19        Members of the  Board,  officers  and  employees  of  the
20    Authority,  and  their  relatives within the fourth degree of
21    consanguinity by the terms of the civil law are forbidden  to
22    be  interested  directly  or  indirectly  in any contract for
23    construction or maintenance  work  or  for  the  delivery  of
24    materials, supplies or equipment.
25        The  Board shall have the right to reject all bids and to
26    readvertise for bids.  If after  any  such  advertisement  no
27    responsible  and  satisfactory  bid,  within the terms of the
28    advertisement, shall be received, the Board  may  award  such
29    contract  without competitive bidding, provided that it shall
30    not be less advantageous to the Authority than any valid  bid
31    received pursuant to advertisement.
32        The Board shall adopt rules and regulations to carry into
33    effect the provisions of this Section.
34    (Source: P.A. 90-328, eff. 1-1-98.)
 
SB1383 Enrolled             -3-      LRB093 09848 BDD 10096 b
 1        (70 ILCS 200/2-126)
 2        Sec.  2-126.  Contracts;  award  to other than highest or
 3    lowest bidder by vote of 4 Board members. All  contracts  for
 4    the sale of property of the value of more than $10,000 $2,500
 5    or  for  a  concession  in or lease of property including air
 6    rights, of the Authority for a term of  more  than  one  year
 7    shall  be  awarded  to  the highest responsible bidder, after
 8    advertising  for  bids.   All  construction   contracts   and
 9    contracts  for  supplies,  materials, equipment and services,
10    when the expense thereof will exceed $10,000 $2,500, shall be
11    let to the lowest responsible bidder, after  advertising  for
12    bids, excepting (1) when repair parts, accessories, equipment
13    or services are required for equipment or services previously
14    furnished  or  contracted  for;  (2)  when  the nature of the
15    services required is such that competitive bidding is not  in
16    the  best interest of the public, including, without limiting
17    the generality of the foregoing, the services of accountants,
18    architects, attorneys, engineers, physicians, superintendents
19    of construction, and  others  possessing  a  high  degree  of
20    skill;  and  (3)  when  services  such as water, light, heat,
21    power, telephone or telegraph are required.
22        All contracts involving less than $10,000 $2,500 shall be
23    let by competitive bidding to the lowest  responsible  bidder
24    whenever possible, and in any event in a manner calculated to
25    ensure the best interests of the public.  Competitive bidding
26    is  not  required  for  the lease of real estate or buildings
27    owned or controlled by the Authority.  The Board is empowered
28    to offer such leases upon such terms as it deems advisable.
29        In determining the  responsibility  of  any  bidder,  the
30    Board  may take into account the past record of dealings with
31    the bidder, the bidder's experience, adequacy  of  equipment,
32    and  ability to complete performance within the time set, and
33    other factors besides financial  responsibility,  but  in  no
34    case  shall  any  such contracts be awarded to any other than
 
SB1383 Enrolled             -4-      LRB093 09848 BDD 10096 b
 1    the highest bidder (in case of sale, concession or lease)  or
 2    the lowest bidder (in case of purchase or expenditure) unless
 3    authorized or approved by a vote of at least 4 members of the
 4    Board,  and  unless such action is accompanied by a statement
 5    in writing setting forth the reasons  for  not  awarding  the
 6    contract to the highest or lowest bidder, as the case may be,
 7    which statement shall be kept on file in the principal office
 8    of the Authority and open to public inspection.
 9        Members  of  the  Board,  officers  and  employees of the
10    Authority, and their relatives within the  fourth  degree  of
11    consanguinity by the terms of the civil law, are forbidden to
12    be  interested  directly  or  indirectly  in any contract for
13    construction or maintenance  work  or  for  the  delivery  of
14    materials, supplies or equipment.
15        The  Board shall have the right to reject all bids and to
16    readvertise for bids.  If after  any  such  advertisement  no
17    responsible  and  satisfactory  bid,  within the terms of the
18    advertisement, shall be received, the Board  may  award  such
19    contract, without competitive bidding, provided that it shall
20    not  be less advantageous to the Authority than any valid bid
21    received pursuant to advertisement.
22        The Board shall adopt rules and regulations to carry into
23    effect the provisions of this Section.
24    (Source: P.A. 90-328, eff. 1-1-98.)

25        (70 ILCS 200/2-127)
26        Sec. 2-127. Contracts; award to  other  than  highest  or
27    lowest  bidder by four-fifths vote. All contracts for sale of
28    property of the value of more than $10,000 $2500,  or  for  a
29    concession  in or lease of property, including air rights, of
30    the Authority for a term of more  than  one  year,  shall  be
31    awarded  to the highest responsible bidder, after advertising
32    for bids.   All  construction  contracts  and  contracts  for
33    supplies, materials, equipment and services, when the expense
 
SB1383 Enrolled             -5-      LRB093 09848 BDD 10096 b
 1    thereof will exceed $10,000 $2500, shall be let to the lowest
 2    responsible  bidder,  after advertising for bids, except: (1)
 3    when repair parts, accessories,  equipment  or  services  are
 4    required  for  equipment  or services previously furnished or
 5    contracted for; (2) when the nature of the services  required
 6    is  such that competitive bidding is not in the best interest
 7    of the public, including, without limiting the generality  of
 8    the  foregoing,  the  services  of  accountants,  architects,
 9    attorneys,    engineers,   physicians,   superintendents   of
10    construction, and others possessing a high degree  of  skill;
11    and  (3)  when  services  such  as water, light, heat, power,
12    telephone or telegraph are required.
13        All contracts involving less than $10,000 $2500 shall  be
14    let  by  competitive bidding to the lowest responsible bidder
15    whenever possible, and in any event in a manner calculated to
16    ensure the best interests of the public.
17        In determining the  responsibility  of  any  bidder,  the
18    Board  may take into account the past record of dealings with
19    the bidder, the bidder's experience, adequacy  of  equipment,
20    and  ability to complete performance within the time set, and
21    other factors besides financial  responsibility,  but  in  no
22    case shall any such contract be awarded to any other than the
23    highest  bidder (in case of sale, concession or lease) or the
24    lowest bidder (in case of  purchase  or  expenditure)  unless
25    authorized  or  approved  by  a  vote  of at least 4/5 of the
26    members of the Board, and unless such action  is  accompanied
27    by  a  statement in writing setting forth the reasons for not
28    awarding the contract to the highest or lowest bidder, as the
29    case may be, which statement shall be kept  on  file  in  the
30    principal   office  of  the  Authority  and  open  to  public
31    inspection.
32        Members of the  Board,  officers  and  employees  of  the
33    Authority,  and  their  relatives within the fourth degree of
34    consanguinity by the terms of the civil law, are forbidden to
 
SB1383 Enrolled             -6-      LRB093 09848 BDD 10096 b
 1    be interested directly or  indirectly  in  any  contract  for
 2    construction  or  maintenance  work  or  for  the delivery of
 3    materials, supplies or equipment.
 4        The Board shall have the right to reject all bids and  to
 5    readvertise  for  bids.   If  after any such advertisement no
 6    responsible and satisfactory bid, within  the  terms  of  the
 7    advertisement,  shall  be  received, the Board may award such
 8    contract, without competitive bidding, provided that it shall
 9    not be less advantageous to the Authority than any valid  bid
10    received pursuant to advertisement.
11        The Board shall adopt rules and regulations to carry into
12    effect the provisions of this Section.
13    (Source: P.A. 90-328, eff. 1-1-98.)

14        (70 ILCS 200/2-128)
15        Sec.  2-128.  Contracts;  award  to other than highest or
16    lowest bidder by three-fourths vote. All  contracts  for  the
17    sale  of property of the value of more than $10,000 $2,500 or
18    for any concession in or lease of property of  the  Authority
19    for  a  term  of  more  than one year shall be awarded to the
20    highest responsible bidder, after advertising for bids.   All
21    construction contracts and contracts for supplies, materials,
22    equipment  and services, when the expense thereof will exceed
23    $10,000 $2,500,  shall  be  let  to  the  lowest  responsible
24    bidder, after advertising for bids, excepting (1) when repair
25    parts,  accessories,  equipment  or services are required for
26    equipment or services previously furnished or contracted for;
27    (2) when the nature of the services  required  is  such  that
28    competitive  bidding  is  not  in  the  best  interest of the
29    public, including, without limiting  the  generality  of  the
30    foregoing,   the   services   of   accountants,   architects,
31    attorneys,    engineers,   physicians,   superintendents   of
32    construction, and others possessing a high degree  of  skill;
33    and  (3)  when  services  such  as water, light, heat, power,
 
SB1383 Enrolled             -7-      LRB093 09848 BDD 10096 b
 1    telephone or telegraph are required.
 2        All contracts involving less than $10,000 $2,500 shall be
 3    let by competitive bidding  whenever  possible,  and  in  any
 4    event  in a manner calculated to ensure the best interests of
 5    the public.
 6        In determining the  responsibility  of  any  bidder,  the
 7    Board  may take into account the past record of dealings with
 8    the bidder, the bidder's experience, adequacy  of  equipment,
 9    and  ability to complete performance within the time set, and
10    other factors besides financial  responsibility,  but  in  no
11    case  shall  any  such contracts be awarded to any other than
12    the highest bidder (in case of sale, concession or lease)  or
13    the lowest bidder (in case of purchase or expenditure) unless
14    authorized or approved by a vote of at least three-fourths of
15    the   members  of  the  Board,  and  unless  such  action  is
16    accompanied by a  statement  in  writing  setting  forth  the
17    reasons  for  not  awarding  the  contract  to the highest or
18    lowest bidder, as the case may be, which statement  shall  be
19    kept  on  file  in  the principal office of the Authority and
20    open to public inspection.
21        From the group of responsible bidders the  lowest  bidder
22    shall  be  selected in the following manner:  to all bids for
23    sales the gross receipts of which are not taxable  under  the
24    "Retailers'  Occupation  Tax Act", approved June 28, 1933, as
25    amended, there shall be added an  amount  equal  to  the  tax
26    which would be payable under said Act, if applicable, and the
27    lowest in amount of said adjusted bids and bids for sales the
28    gross  receipts  of which are taxable under said Act shall be
29    considered the lowest bid; provided, that, if said lowest bid
30    relates to a sale not taxable under said  Act,  any  contract
31    entered  into  thereon shall be in the amount of the original
32    bid not adjusted as aforesaid.
33        Contracts  shall  not  be  split  into  parts   involving
34    expenditures  of less than $10,000 $2,500 for the purposes of
 
SB1383 Enrolled             -8-      LRB093 09848 BDD 10096 b
 1    avoiding the provisions of this Section, and all  such  split
 2    contracts  shall  be  void.   If  any  collusion occurs among
 3    bidders or prospective bidders in  restraint  of  freedom  of
 4    competition, by agreement to bid a fixed amount or to refrain
 5    from  bidding or otherwise, the bids of such bidders shall be
 6    void.  Each bidder shall  accompany  his  bid  with  a  sworn
 7    statement that he has not been a party to any such agreement.
 8        Members  of  the  Board,  officers  and  employees of the
 9    Authority, and their relatives within the  fourth  degree  of
10    consanguinity by the terms of the civil law, are forbidden to
11    be  interested  directly  or  indirectly  in any contract for
12    construction or maintenance  work  or  for  the  delivery  of
13    materials, supplies or equipment.
14        The  Board shall have the right to reject all bids and to
15    readvertise for bids.  If after  any  such  advertisement  no
16    responsible  and  satisfactory  bid,  within the terms of the
17    advertisement, shall be received, the Board  may  award  such
18    contract, without competitive bidding, provided that it shall
19    not  be less advantageous to the Authority than any valid bid
20    received pursuant to advertisement.
21        The Board shall adopt rules and regulations to carry into
22    effect the provisions of this Section.
23    (Source: P.A. 90-328, eff. 1-1-98.)

24        (70 ILCS 200/25-55)
25        Sec. 25-55. Contracts.
26        (a)  All contracts for the sale of property of a value of
27    more than $10,000 $5,000 or for a concession in or  lease  of
28    property,  including  air rights, of the Committee for a term
29    of more than  one  year  shall  be  awarded  to  the  highest
30    responsible   bidder   after   advertising   for  bids.   All
31    construction contracts and contracts for supplies, materials,
32    equipment, and services, when the expense will exceed $10,000
33    $5,000, shall be let to the lowest responsible  bidder  after
 
SB1383 Enrolled             -9-      LRB093 09848 BDD 10096 b
 1    advertising   for   bids,   except  (i)  when  repair  parts,
 2    accessories,  equipment,  or  services   are   required   for
 3    equipment or services previously furnished or contracted for,
 4    (ii)  when  the  nature of the services required is such that
 5    competitive bidding is  not  in  the  best  interest  of  the
 6    public,   including   without   limitation  the  services  of
 7    accountants, architects,  attorneys,  engineers,  physicians,
 8    superintendents of construction, and others possessing a high
 9    degree  of  skill,  and  (iii)  when  services such as water,
10    light, heat, power, telephone, or telegraph are required.
11        (b)  All contracts involving  less  than  $10,000  $5,000
12    shall be let by competitive bidding to the lowest responsible
13    bidder  whenever  possible  and,  in  any  event, in a manner
14    calculated to  ensure  the  best  interests  of  the  public.
15    Competitive  bidding  is  not  required for the lease of real
16    estate or buildings owned or  controlled  by  the  Committee.
17    The  Committee  is empowered to offer those leases upon terms
18    it deems advisable.
19        (c)  In determining the responsibility of any bidder, the
20    Committee may take into account the past records of  dealings
21    with   the  bidder,  the  bidder's  experience,  adequacy  of
22    equipment, and ability to  complete  performance  within  the
23    time set, and other factors besides financial responsibility,
24    but  in  no  case shall any contracts be awarded to any other
25    than the highest bidder (in  case  of  sale,  concession,  or
26    lease)   or  the  lowest  bidder  (in  case  of  purchase  or
27    expenditure) unless authorized or approved by a  vote  of  at
28    least  7  members  of  the Committee and unless the action is
29    accompanied by a  statement  in  writing  setting  forth  the
30    reasons  for  not  awarding  the  contract  to the highest or
31    lowest bidder, as the case may be, which statement  shall  be
32    kept  on  file  in  the principal office of the Committee and
33    open to public inspection.
34        (d)  Members of the Committee, officers and employees  of
 
SB1383 Enrolled             -10-     LRB093 09848 BDD 10096 b
 1    the Committee, and their relatives within the third degree of
 2    consanguinity  by the terms of the civil law are forbidden to
 3    be interested directly or  indirectly  in  any  contract  for
 4    construction  or  maintenance  work  or  for  the delivery of
 5    materials, supplies, or equipment.
 6        (e)  The Committee shall have the  right  to  reject  all
 7    bids  and  to  readvertise  for  bids.  If no responsible and
 8    satisfactory bid within the terms  of  the  advertisement  is
 9    received,  the  Committee  may  award  the  contract  without
10    competitive  bidding if the contract is not less advantageous
11    to the Committee than any valid bid received in  response  to
12    advertisement.
13        (f)  The  Committee  shall adopt rules and regulations to
14    carry into effect the provisions of this Section.
15    (Source: P.A. 90-328, eff. 1-1-98.)

16        (70 ILCS 200/55-45)
17        Sec. 55-45. Contracts. All  contracts  for  the  sale  of
18    property  of  the  value of more than $10,000 $2,500 or for a
19    concession in or lease of property including  air  rights  of
20    the  Authority  for  a  term  of  more than one year shall be
21    awarded to the highest responsible bidder  after  advertising
22    for  bids.   All  construction  contracts  and  contracts for
23    supplies, materials, equipment and services, when the expense
24    thereof will exceed $10,000  $2,500,  shall  be  let  to  the
25    lowest   responsible   bidder  after  advertising  for  bids,
26    excepting (1) when repair parts,  accessories,  equipment  or
27    services  are  required  for equipment or services previously
28    furnished or contracted for;  (2)  when  the  nature  of  the
29    services  required is such that competitive bidding is not in
30    the best interest of the public, including, without  limiting
31    the generality of the foregoing, the services of accountants,
32    architects, attorneys, engineers, physicians, superintendents
33    of construction and others possessing a high degree of skill;
 
SB1383 Enrolled             -11-     LRB093 09848 BDD 10096 b
 1    and  (3)  when  services  such  as water, light, heat, power,
 2    telephone or telegraph are required.
 3        All contracts involving less than $10,000 $2,500 shall be
 4    let by competitive bidding to the lowest  responsible  bidder
 5    whenever  possible  and, in any event, in a manner calculated
 6    to insure the best interests  of  the  public.    Competitive
 7    bidding  is  not  required  for  the  lease of real estate or
 8    buildings owned or controlled by the Authority.  The Board is
 9    empowered to offer such leases upon such terms  as  it  deems
10    advisable.
11        In  determining  the  responsibility  of  any bidder, the
12    Board may take into account the past records of dealings with
13    the bidder, experience, adequacy  of  equipment,  ability  to
14    complete  performance  within the time set, and other factors
15    besides financial responsibility, but in no  case  shall  any
16    such  contracts  be  awarded  to  any  other than the highest
17    bidder (in case of sale, concession or lease) or  the  lowest
18    bidder (in case of purchase or expenditure) unless authorized
19    or  approved  by  a  vote  of  at least a majority of all the
20    appointed members of the Board, and  unless  such  action  is
21    accompanied  by  a  statement  in  writing  setting forth the
22    reasons for not awarding  the  contract  to  the  highest  or
23    lowest  bidder,  as the case may be, which statement shall be
24    kept on file in the principal office  of  the  Authority  and
25    open to public inspection.
26        Members  of  the  Board,  officers  and  employees of the
27    Authority and their relatives within  the  fourth  degree  of
28    consanguinity by the terms of the civil law, are forbidden to
29    be  interested  directly  or  indirectly  in any contract for
30    construction or maintenance  work  or  for  the  delivery  of
31    materials, supplies or equipment.
32        The  Board shall have the right to reject all bids and to
33    readvertise for bids.  If after  any  such  advertisement  no
34    responsible  and  satisfactory  bid  within  the terms of the
 
SB1383 Enrolled             -12-     LRB093 09848 BDD 10096 b
 1    advertisement shall be received, the  Board  may  award  such
 2    contract  without  competitive bidding provided that it shall
 3    not be less advantageous to the Authority than any valid  bid
 4    received pursuant to advertisement.
 5        The Board shall adopt rules and regulations to carry into
 6    effect the provisions of this Section.
 7    (Source: P.A. 90-328, eff. 1-1-98.)

 8        (70 ILCS 200/90-35)
 9        Sec.  90-35.  Contracts;  award  to other than highest or
10    lowest bidder by vote of 3 Board members.
11        (a)  All contracts for the sale of property of a value of
12    more than $10,000 $2,500 or for a concession in or  lease  of
13    property,  including  air rights, of the Authority for a term
14    of more than  one  year  shall  be  awarded  to  the  highest
15    responsible   bidder   after   advertising   for  bids.   All
16    construction contracts and contracts for supplies, materials,
17    equipment, and services, when the expense will exceed $10,000
18    $2,500, shall be let to the lowest responsible  bidder  after
19    advertising   for   bids,   except  (i)  when  repair  parts,
20    accessories,  equipment,  or  services   are   required   for
21    equipment or services previously furnished or contracted for,
22    (ii)  when  the  nature of the services required is such that
23    competitive bidding is  not  in  the  best  interest  of  the
24    public,   including   without   limitation  the  services  of
25    accountants, architects,  attorneys,  engineers,  physicians,
26    superintendents of construction, and others possessing a high
27    degree  of  skill,  and  (iii)  when  services such as water,
28    light, heat, power, telephone, or telegraph are required.
29        (b)  All contracts involving  less  than  $10,000  $2,500
30    shall be let by competitive bidding to the lowest responsible
31    bidder  whenever  possible  and,  in  any  event, in a manner
32    calculated to  ensure  the  best  interests  of  the  public.
33    Competitive  bidding  is  not  required for the lease of real
 
SB1383 Enrolled             -13-     LRB093 09848 BDD 10096 b
 1    estate or buildings owned or  controlled  by  the  Authority.
 2    The  Board  is  empowered to offer those leases upon terms it
 3    deems advisable.
 4        (c)  In determining the responsibility of any bidder, the
 5    Board may take into account the past records of dealings with
 6    the bidder, the bidder's experience, adequacy  of  equipment,
 7    and  ability to complete performance within the time set, and
 8    other factors besides financial  responsibility,  but  in  no
 9    case  shall  any  contracts  be awarded to any other than the
10    highest bidder (in case of sale, concession, or lease) or the
11    lowest bidder (in case of  purchase  or  expenditure)  unless
12    authorized or approved by a vote of at least 3 members of the
13    Board  and unless the action is accompanied by a statement in
14    writing setting  forth  the  reasons  for  not  awarding  the
15    contract to the highest or lowest bidder, as the case may be,
16    which statement shall be kept on file in the principal office
17    of the Authority and open to public inspection.
18        (d)  Members  of the Board, officers and employees of the
19    Authority, and their relatives within the  fourth  degree  of
20    consanguinity  by the terms of the civil law are forbidden to
21    be interested directly or  indirectly  in  any  contract  for
22    construction  or  maintenance  work  or  for  the delivery of
23    materials, supplies, or equipment.
24        (e)  The Board shall have the right to  reject  all  bids
25    and   to   readvertise  for  bids.   If  no  responsible  and
26    satisfactory bid within the terms  of  the  advertisement  is
27    received,   the   Board   may   award  the  contract  without
28    competitive bidding if the contract is not less  advantageous
29    to  the  Authority than any valid bid received in response to
30    advertisement.
31        (f)  The Board shall adopt rules and regulations to carry
32    into effect the provisions of this Section.
33    (Source: P.A. 90-328, eff. 1-1-98.)
 
SB1383 Enrolled             -14-     LRB093 09848 BDD 10096 b
 1        (70 ILCS 200/105-45)
 2        Sec. 105-45. Contracts; bidding.  All contracts for  sale
 3    of  property of the value of more than $10,000 $2500 or for a
 4    concession in or lease of property, including air rights,  of
 5    the  Authority  for  a  term  of  more than one year shall be
 6    awarded to the highest responsible bidder, after  advertising
 7    for  bids.  All  construction  contracts  and  contracts  for
 8    supplies, materials, equipment and services, when the expense
 9    thereof will exceed $10,000 $2500, shall be let to the lowest
10    responsible bidder, after advertising for bids, excepting (1)
11    when  repair  parts,  accessories,  equipment or services are
12    required for equipment or services  previously  furnished  or
13    contracted  for; (2) when the nature of the services required
14    is such that competitive bidding is not in the best  interest
15    of  the public, including, without limiting the generality of
16    the  foregoing,  the  services  of  accountants,  architects,
17    attorneys,   engineers,   physicians,   superintendents    of
18    construction,  and  others possessing a high degree of skill;
19    and (3) when services such  as  water,  light,  heat,  power,
20    telephone or telegraph are required.
21        All  contracts involving less than $10,000 $2500 shall be
22    let by competitive bidding to the lowest  responsible  bidder
23    whenever possible, and in any event in a manner calculated to
24    ensure the best interests of the public.
25        Competitive bidding is not required for the lease of real
26    estate  or  buildings  owned  or controlled by the Authority.
27    The Board is empowered to offer such leases upon  such  terms
28    as it deems advisable.
29        In  determining  the  responsibility  of  any bidder, the
30    Board may take in account the past record  of  dealings  with
31    the  bidder,  the bidder's experience, adequacy of equipment,
32    and ability to complete performance within the time set,  and
33    other  factors  besides  financial  responsibility, but in no
34    case shall any such contracts be awarded to  any  other  than
 
SB1383 Enrolled             -15-     LRB093 09848 BDD 10096 b
 1    the  highest bidder (in case of sale, concession or lease) or
 2    the lowest bidder (in case of purchase or expenditure) unless
 3    authorized or approved by a vote  of  at  least  4/5  of  the
 4    members  of  the Board, and unless such action is accompanied
 5    by a statement in writing setting forth the reasons  for  not
 6    awarding the contract to the highest or lowest bidder, as the
 7    case  may  be,  which  statement shall be kept on file in the
 8    principal  office  of  the  Authority  and  open  to   public
 9    inspection.
10        Members  of  the  Board,  officers  and  employees of the
11    Authority, and their relatives within the  fourth  degree  of
12    consanguinity by the terms of the civil law, are forbidden to
13    be  interested  directly  or  indirectly  in any contract for
14    construction or maintenance  work  or  for  the  delivery  of
15    materials, supplies or equipment.
16        The  Board shall have the right to reject all bids and to
17    readvertise for bids. If  after  any  such  advertisement  no
18    responsible  and  satisfactory  bid,  within the terms of the
19    advertisement, shall be received, the Board  may  award  such
20    contract, without competitive bidding, provided that it shall
21    not  be less advantageous to the Authority than any valid bid
22    received pursuant to advertisement.
23        The Board shall adopt rules and regulations to carry into
24    effect the provisions of this Section.
25    (Source: P.A. 90-328, eff. 1-1-98.)

26        (70 ILCS 200/140-50)
27        Sec. 140-50. Contracts.
28        (a)  All contracts for the sale of property of a value of
29    more than $10,000 $2,500 or for a concession in or  lease  of
30    property,  including  air rights, of the Authority for a term
31    of more than  one  year  shall  be  awarded  to  the  highest
32    responsible   bidder   after   advertising   for  bids.   All
33    construction contracts and contracts for supplies, materials,
 
SB1383 Enrolled             -16-     LRB093 09848 BDD 10096 b
 1    equipment, and services, when the expense will exceed $10,000
 2    $2,500, shall be let to the lowest responsible  bidder  after
 3    advertising   for   bids,   except  (i)  when  repair  parts,
 4    accessories,  equipment,  or  services   are   required   for
 5    equipment or services previously furnished or contracted for,
 6    (ii)  when  the  nature of the services required is such that
 7    competitive bidding is  not  in  the  best  interest  of  the
 8    public,   including   without   limitation  the  services  of
 9    accountants, architects,  attorneys,  engineers,  physicians,
10    superintendents of construction, and others possessing a high
11    degree  of  skill,  and  (iii)  when  services such as water,
12    light, heat, power, telephone, or telegraph are required.
13        (b)  All contracts involving  less  than  $10,000  $2,500
14    shall be let by competitive bidding to the lowest responsible
15    bidder  whenever  possible  and,  in  any  event, in a manner
16    calculated to  ensure  the  best  interests  of  the  public.
17    Competitive  bidding  is  not  required for the lease of real
18    estate or buildings owned or  controlled  by  the  Authority.
19    The  Board  is  empowered to offer those leases upon terms it
20    deems advisable.
21        (c)  In determining the responsibility of any bidder, the
22    Board may take into account the past records of dealings with
23    the bidder, the bidder's experience, adequacy  of  equipment,
24    and  ability to complete performance within the time set, and
25    other factors besides financial  responsibility,  but  in  no
26    case  shall  any  contracts  be awarded to any other than the
27    highest bidder (in case of sale, concession, or lease) or the
28    lowest bidder (in case of  purchase  or  expenditure)  unless
29    authorized or approved by a vote of at least 5 members of the
30    Board  and unless the action is accompanied by a statement in
31    writing setting  forth  the  reasons  for  not  awarding  the
32    contract to the highest or lowest bidder, as the case may be,
33    which statement shall be kept on file in the principal office
34    of the Authority and open to public inspection.
 
SB1383 Enrolled             -17-     LRB093 09848 BDD 10096 b
 1        (d)  Members  of the Board, officers and employees of the
 2    Authority, and their relatives within  the  third  degree  of
 3    consanguinity  by the terms of the civil law are forbidden to
 4    be interested directly or  indirectly  in  any  contract  for
 5    construction  or  maintenance  work  or  for  the delivery of
 6    materials, supplies, or equipment.
 7        (e)  The Board shall have the right to  reject  all  bids
 8    and   to   readvertise  for  bids.   If  no  responsible  and
 9    satisfactory bid within the terms  of  the  advertisement  is
10    received,   the   Board   may   award  the  contract  without
11    competitive bidding if the contract is not less  advantageous
12    to  the  Authority than any valid bid received in response to
13    advertisement.
14        (f)  The Board shall adopt rules and regulations to carry
15    into effect the provisions of this Section.
16    (Source: P.A. 90-328, eff. 1-1-98.)

17        (70 ILCS 200/155-55)
18        Sec.  155-55.  Contracts.  All  contracts  for  sale   of
19    property  of  the value of more than $10,000 $2,500, or for a
20    concession in or lease of property, including air rights,  of
21    the  Authority  for  a  term  of more than one year, shall be
22    awarded to the highest responsible bidder, after  advertising
23    for  bids.  All  construction  contracts  and  contracts  for
24    supplies, materials, equipment and services, when the expense
25    thereof  will  exceed  $10,000  $2,500,  shall  be let to the
26    lowest  responsible  bidder,  after  advertising  for   bids,
27    except:  (1)  when  repair  parts,  accessories, equipment or
28    services are required for equipment  or  services  previously
29    furnished  or  contracted  for;  (2)  when  the nature of the
30    services required is such that competitive bidding is not  in
31    the  best interest of the public, including, without limiting
32    the generality of the foregoing, the services of accountants,
33    architects,   attorneys,   engineers,   financial   advisors,
 
SB1383 Enrolled             -18-     LRB093 09848 BDD 10096 b
 1    investment   bankers,    physicians,    superintendents    of
 2    construction,  and  others possessing a high degree of skill;
 3    and (3) when services such  as  water,  light,  heat,  power,
 4    telephone or telegraph are required.
 5        All contracts involving less than $10,000 $2,500 shall be
 6    let  by  competitive bidding to the lowest responsible bidder
 7    whenever possible, and in any event in a manner calculated to
 8    ensure the best interests of the public.
 9        In determining the  responsibility  of  any  bidder,  the
10    Board  may take into account the past record of dealings with
11    the bidder, the bidder's experience, adequacy  of  equipment,
12    and  ability to complete performance within the time set, and
13    other factors besides financial  responsibility,  but  in  no
14    case shall any such contract be awarded to any other than the
15    highest  bidder (in case of sale, concession or lease) or the
16    lowest bidder (in case of  purchase  or  expenditure)  unless
17    authorized or approved by a vote of at least 5 of the members
18    of  the  Board,  and  unless  such action is accompanied by a
19    statement in  writing  setting  forth  the  reasons  for  not
20    awarding the contract to the highest or lowest bidder, as the
21    case  may  be,  which  statement shall be kept on file in the
22    principal  office  of  the  Authority  and  open  to   public
23    inspection.
24        Members  of  the  Board,  officers  and  employees of the
25    Authority, and their relatives within the  fourth  degree  of
26    consanguinity by the terms of the civil law, are forbidden to
27    be  interested  directly  or  indirectly  in any contract for
28    construction or maintenance  work  or  for  the  delivery  of
29    materials, supplies or equipment.
30        The  Board shall have the right to reject all bids and to
31    readvertise for bids.  If after  any  such  advertisement  no
32    responsible  and  satisfactory  bid,  within the terms of the
33    advertisement, shall be received, the Board  may  award  such
34    contract, without competitive bidding, provided that it shall
 
SB1383 Enrolled             -19-     LRB093 09848 BDD 10096 b
 1    not  be less advantageous to the Authority than any valid bid
 2    received pursuant to advertisement.
 3        The Board shall adopt rules and regulations to carry into
 4    effect the provisions of this Section.
 5    (Source: P.A. 90-328, eff. 1-1-98.)

 6        (70 ILCS 200/170-50)
 7        Sec.  170-50.  Contracts.   All  contracts  for  sale  of
 8    property of the value of more than $10,000 $2500  or  for  an
 9    concession  in or lease of property, including air rights, of
10    the Authority for a term of  more  than  one  year  shall  be
11    awarded  to the highest responsible bidder, after advertising
12    for  bids.  All  construction  contracts  and  contracts  for
13    supplies, materials, equipment and services, when the expense
14    thereof will exceed $10,000 $2500, shall be let to the lowest
15    responsible bidder, after advertising for bids, excepting (1)
16    when repair parts, accessories,  equipment  or  services  are
17    required  for  equipment  or services previously furnished or
18    contracted for; (2) when the nature of the services  required
19    is  such that competitive bidding is not in the best interest
20    of the public, including, without limiting the generality  of
21    the  foregoing,  the  services  of  accountants,  architects,
22    attorneys,    engineers,   physicians,   superintendents   of
23    construction, and others possessing a high degree  of  skill;
24    and  (3)  when  services  such  as water, light, heat, power,
25    telephone or telegraph are required.
26        All contracts involving less than $10,000 $2500 shall  be
27    let  by  competitive bidding to the lowest responsible bidder
28    whenever possible, and in any event in a manner calculated to
29    ensure the best interests of the public.
30        In determining the  responsibility  of  any  bidder,  the
31    Board  may take into account the past record of dealings with
32    the bidder, the bidder's experience, adequacy  of  equipment,
33    and  ability to complete performance within the time set, and
 
SB1383 Enrolled             -20-     LRB093 09848 BDD 10096 b
 1    other factors besides financial  responsibility,  but  in  no
 2    case  shall  any  such contracts be awarded to any other than
 3    the highest bidder (in case of sale, concession or lease)  or
 4    the lowest bidder (in case of purchase or expenditure) unless
 5    authorized or approved by a vote of at least three-fourths of
 6    the   members  of  the  Board,  and  unless  such  action  is
 7    accompanied by a  statement  in  writing  setting  forth  the
 8    reasons  for  not  awarding  the  contract  to the highest or
 9    lowest bidder, as the case may be, which statement  shall  be
10    kept  on  file  in  the principal office of the Authority and
11    open to public inspection.
12        From the group of responsible bidders the  lowest  bidder
13    shall  be  selected  in the following manner: to all bids for
14    sales the gross receipts of which are not taxable  under  the
15    Retailers' Occupation Tax Act, there shall be added an amount
16    equal  to  the  tax which would be payable under said Act, if
17    applicable, and the lowest in amount of  said  adjusted  bids
18    and  bids  for  sales the gross receipts of which are taxable
19    under said Act shall be considered the lowest bid;  provided,
20    that,  if said lowest bid relates to a sale not taxable under
21    said Act, any contract entered into thereon shall be  in  the
22    amount of the original bid not adjusted as aforesaid.
23        Contracts   shall  not  be  split  into  parts  involving
24    expenditures of less than $10,000 $2500 for the  purposes  of
25    avoiding  the  provisions of this Section, and all such split
26    contracts shall  be  void.  If  any  collusion  occurs  among
27    bidders  or  prospective  bidders  in restraint of freedom of
28    competition, by agreement to bid a fixed amount or to refrain
29    from bidding or otherwise, the bids of such bidders shall  be
30    void.  Each  bidder  shall  accompany  his  bid  with a sworn
31    statement that he has not been a party to any such agreement.
32        Members of the  Board,  officers  and  employees  of  the
33    Authority,  and  their  relatives within the fourth degree of
34    consanguinity by the terms of the civil law, are forbidden to
 
SB1383 Enrolled             -21-     LRB093 09848 BDD 10096 b
 1    be interested directly or  indirectly  in  any  contract  for
 2    construction  or  maintenance  work  or  for  the delivery of
 3    materials, supplies or equipment.
 4        The Board shall have the right to reject all bids and  to
 5    readvertise  for  bids.  If  after  any such advertisement no
 6    responsible and satisfactory bid, within  the  terms  of  the
 7    advertisement,  shall  be  received, the Board may award such
 8    contract, without competitive bidding, provided that it shall
 9    not be less advantageous to the Authority than any valid  bid
10    received pursuant to advertisement.
11        The Board shall adopt rules and regulations to carry into
12    effect the provisions of this Section.
13    (Source: P.A. 90-328, eff. 1-1-98.)

14        (70 ILCS 200/200-50)
15        Sec.  200-50.   Contracts.   All  contracts  for  sale of
16    property of the value of more than $10,000 $2500 or  for  any
17    concession  in or lease of property, including air rights, of
18    the Authority for a term of  more  than  one  year  shall  be
19    awarded  to the highest responsible bidder, after advertising
20    for bids.   All  construction  contracts  and  contracts  for
21    supplies, materials, equipment and services, when the expense
22    thereof will exceed $10,000 $2500, shall be let to the lowest
23    responsible bidder, after advertising for bids, excepting (1)
24    when  repair  parts,  accessories,  equipment or services are
25    required for equipment or services  previously  furnished  or
26    contracted  for; (2) when the nature of the services required
27    is such that competitive bidding is not in the best  interest
28    of  the public, including, without limiting the generality of
29    the  foregoing,  the  services  of  accountants,  architects,
30    attorneys,   engineers,   physicians,   superintendents    of
31    construction,  and  others possessing a high degree of skill;
32    and (3) when services such  as  water,  light,  heat,  power,
33    telephone or telegraph are required.
 
SB1383 Enrolled             -22-     LRB093 09848 BDD 10096 b
 1        All  contracts involving less than $10,000 $2500 shall be
 2    let by competitive bidding to the lowest  responsible  bidder
 3    whenever possible, and in any event in a manner calculated to
 4    ensure the best interests of the public.
 5        In  determining  the  responsibility  of  any bidder, the
 6    Board may take in account the past record  of  dealings  with
 7    the  bidder,  the bidder's experience, adequacy of equipment,
 8    and ability to complete performance within the time set,  and
 9    other  factors  besides  financial  responsibility, but in no
10    case shall any such contracts be awarded to  any  other  than
11    the  highest bidder (in case of sale, concession or lease) or
12    the lowest bidder (in case of purchase or expenditure) unless
13    authorized or approved by a vote of at least three-fourths of
14    the  members  of  the  Board,  and  unless  such  action   is
15    accompanied  by  a  statement  in  writing  setting forth the
16    reasons for not awarding  the  contract  to  the  highest  or
17    lowest  bidder,  as the case may be, which statement shall be
18    kept on file in the principal office  of  the  Authority  and
19    open to public inspection.
20        From  the  group of responsible bidders the lowest bidder
21    shall be selected in the following manner: to  all  bids  for
22    sales  the  gross receipts of which are not taxable under the
23    Retailers' Occupation Tax Act, there shall be added an amount
24    equal to the tax which would be payable under  said  Act,  if
25    applicable,  and  the  lowest in amount of said adjusted bids
26    and bids for sales the gross receipts of  which  are  taxable
27    under  said Act shall be considered the lowest bid; provided,
28    that, if said lowest bid relates to a sale not taxable  under
29    said  Act,  any contract entered into thereon shall be in the
30    amount of the original bid not adjusted as aforesaid.
31        Contracts  shall  not  be  split  into  parts   involving
32    expenditures  of  less than $10,000 $2500 for the purposes of
33    avoiding the provisions of this Section, and all  such  split
34    contracts  shall  be  void.   If  any  collusion occurs among
 
SB1383 Enrolled             -23-     LRB093 09848 BDD 10096 b
 1    bidders or prospective bidders in  restraint  of  freedom  of
 2    competition, by agreement to bid a fixed amount or to refrain
 3    from  bidding or otherwise, the bids of such bidders shall be
 4    void.  Each bidder shall  accompany  his  bid  with  a  sworn
 5    statement that he has not been a party to any such agreement.
 6        Members  of  the  Board,  officers  and  employees of the
 7    Authority, and their relatives within the  fourth  degree  of
 8    consanguinity by the terms of the civil law, are forbidden to
 9    be  interested  directly  or  indirectly  in any contract for
10    construction or maintenance  work  or  for  the  delivery  of
11    materials, supplies or equipment.
12        The  Board shall have the right to reject all bids and to
13    readvertise for bids.  If after  any  such  advertisement  no
14    responsible  and  satisfactory  bid,  within the terms of the
15    advertisement, shall be received, the Board  may  award  such
16    contract, without competitive bidding, provided that it shall
17    not  be less advantageous to the Authority than any valid bid
18    received pursuant to advertisement.
19        The Board shall adopt rules and regulations to carry into
20    effect the provisions of this Section.
21    (Source: P.A. 90-328, eff. 1-1-98.)

22        (70 ILCS 200/205-75)
23        Sec. 205-75.  Bidding; advertisement. All contracts to be
24    let for the construction,  alteration,  improvement,  repair,
25    enlargement,  demolition or removal of any buildings or their
26    facilities, or for materials or  supplies  to  be  furnished,
27    where  the  amount  thereof is in excess of $10,000 $2,500.00
28    shall be let to the lowest responsible bidder, or bidders  on
29    open competitive bidding after public advertisement published
30    at  least  once in each week for 3 consecutive weeks prior to
31    the  opening  of  bids,  in  a  daily  newspaper  of  general
32    circulation in the county where  the  Authority  is  located,
33    except  (i)  when  repair  parts,  accessories, equipment, or
 
SB1383 Enrolled             -24-     LRB093 09848 BDD 10096 b
 1    services are required for equipment  or  services  previously
 2    furnished  or  contracted  for or (ii) when the nature of the
 3    services is such that competitive bidding is not in the  best
 4    interest  of  the  public.  Nothing contained in this Section
 5    shall be construed to prohibit  the  Board  of  Commissioners
 6    from  placing  additional  advertisements in recognized trade
 7    journals.  Advertisements  for  bids   shall   describe   the
 8    character  of  the  proposed contract in sufficient detail to
 9    enable the bidders thereon to know what their obligation will
10    be, either in the advertisement itself, or  by  reference  to
11    detailed  plans  and  specifications on file in the office of
12    the  Peoria  Civic  Center  Authority  at  the  time  of  the
13    publication of the  first  announcement.  Such  advertisement
14    shall  also  state the date, time, and place assigned for the
15    opening of bids and no bids shall be  received  at  any  time
16    subsequent  to  the time indicated in said advertisement. The
17    Board of Commissioners may reject any and all  bids  received
18    and  readvertise  for  bids. All bids shall be open to public
19    inspection in the office of the Peoria Civic Center Authority
20    for a period of at least 48 hours before award  is  made.  In
21    determining  the  responsibility of any bidder, the Board may
22    consider the bidder's past record  of  dealings,  experience,
23    adequacy   of   equipment,   ability   to   timely   complete
24    performance,    and    other    factors   besides   financial
25    responsibility.  In no case, however, shall any  contract  be
26    awarded  to  any  bidder  other than the lowest bidder unless
27    authorized or approved by the affirmative vote of at least  5
28    members of the board and unless the award is accompanied by a
29    statement  in  writing  setting  forth  the  reasons  for not
30    awarding the contract to the lowest  bidder,  which  must  be
31    kept  on  file  in the office of the Authority and be open to
32    the public for inspection. The  successful  bidder  for  such
33    work  shall  enter into contracts furnished and prescribed by
34    the Board of Commissioners and in addition to any other bonds
 
SB1383 Enrolled             -25-     LRB093 09848 BDD 10096 b
 1    required under  this  Article  the  successful  bidder  shall
 2    execute  and  give bond, payable to and to be approved by the
 3    Authority, with a corporate surety authorized to do  business
 4    under  the  laws of the State of Illinois, in an amount to be
 5    determined by the Board of  Commissioners,  conditioned  upon
 6    the  payment of all labor furnished and materials supplied in
 7    the prosecution of the contracted work. If the  bidder  whose
 8    bid  has  been accepted shall neglect or refuse to accept the
 9    contract within 5 days after written notice that the same has
10    been awarded to him, or if he accepts but  does  not  execute
11    the  contract  and  give  proper  security, the Authority may
12    accept the next lowest bidder, or readvertise  and  relet  in
13    manner above provided.
14        In case any work shall be abandoned by any contractor the
15    Authority  may,  if  the  best  interest  of the Authority be
16    thereby  served,  adopt  on  behalf  of  the  Authority   all
17    sub-contracts made by such contractor for such contractor for
18    such  work  and  all  sub-contractors  shall be bound by such
19    adoption if made; and the  Authority  shall,  in  the  manner
20    provided  herein, readvertise and relet the work specified in
21    the original contract exclusive of so much thereof  as  shall
22    be  accepted.  Every contract, when made and entered into, as
23    herein provided for, shall be executed in duplicate, one copy
24    of which shall be held by the Authority,  and  filed  in  its
25    records  and  one  copy  of  which  shall  be  given  to  the
26    contractor.
27    (Source: P.A. 90-328, eff. 1-1-98.)

28        (70 ILCS 200/215-55)
29        Sec.  215-55.   Contracts.  All contracts for the sale of
30    property of the value of more than $10,000 $2500 or  for  any
31    concession  in or lease of property, including air rights, of
32    the Authority for a term of  more  than  one  year  shall  be
33    awarded  to the highest responsible bidder, after advertising
 
SB1383 Enrolled             -26-     LRB093 09848 BDD 10096 b
 1    for bids.   All  construction  contracts  and  contracts  for
 2    supplies, materials, equipment and services, when the expense
 3    thereof will exceed $10,000 $2500, shall be let to the lowest
 4    responsible bidder, after advertising for bids, excepting (1)
 5    when  repair  parts,  accessories,  equipment or services are
 6    required for equipment or services  previously  furnished  or
 7    contracted  for; (2) when the nature of the services required
 8    is such that competitive bidding is not in the best  interest
 9    of  the public, including, without limiting the generality of
10    the  foregoing,  the  services  of  accountants,  architects,
11    attorneys,   engineers,   physicians,   superintendents    of
12    construction,  and  others possessing a high degree of skill;
13    and (3) when services such  as  water,  light,  heat,  power,
14    telephone or telegraph are required.
15        All  contracts involving less than $10,000 $2500 shall be
16    let by competitive bidding to the lowest  responsible  bidder
17    whenever possible, and in any event in a manner calculated to
18    ensure the best interests of the public.
19        In  determining  the  responsibility  of  any bidder, the
20    Board may take into account the past record of dealings  with
21    the  bidder,  the bidder's experience, adequacy of equipment,
22    and ability to complete performance within the time set,  and
23    other  factors  besides  financial  responsibility, but in no
24    case shall any such contracts be awarded to  any  other  than
25    the  highest bidder (in case of sale, concession or lease) or
26    the lowest bidder (in case of purchase or expenditure) unless
27    authorized or approved by a vote of at least three-fourths of
28    the  members  of  the  Board,  and  unless  such  action   is
29    accompanied  by  a  statement  in  writing  setting forth the
30    reasons for not awarding  the  contract  to  the  highest  or
31    lowest  bidder,  as the case may be, which statement shall be
32    kept on file in the principal office  of  the  Authority  and
33    open to public inspection.
34        From  the  group of responsible bidders the lowest bidder
 
SB1383 Enrolled             -27-     LRB093 09848 BDD 10096 b
 1    shall be selected in the following manner: to  all  bids  for
 2    sales  the  gross receipts of which are not taxable under the
 3    Retailers' Occupation Tax Act, there shall be added an amount
 4    equal to the tax which would be payable under  said  Act,  if
 5    applicable,  and  the  lowest in amount of said adjusted bids
 6    and bids for sales the gross receipts of  which  are  taxable
 7    under  said Act shall be considered the lowest bid; provided,
 8    that, if said lowest bid relates to a sale not taxable  under
 9    said  Act,  any contract entered into thereon shall be in the
10    amount of the original bid not adjusted as aforesaid.
11        Contracts  shall  not  be  split  into  parts   involving
12    expenditures  of  less than $10,000 $2500 for the purposes of
13    avoiding the provisions of this Section, and all  such  split
14    contracts  shall  be  void.   If  any  collusion occurs among
15    bidders or prospective bidders in  restraint  of  freedom  of
16    competition, by agreement to bid a fixed amount or to refrain
17    from  bidding or otherwise, the bids of such bidders shall be
18    void.  Each bidder shall  accompany  his  bid  with  a  sworn
19    statement that he has not been a party to any such agreement.
20        Members  of  the  Board,  officers  and  employees of the
21    Authority, and their relatives within the  fourth  degree  of
22    consanguinity by the terms of the civil law, are forbidden to
23    be  interested  directly  or  indirectly  in any contract for
24    construction or maintenance  work  or  for  the  delivery  of
25    materials, supplies or equipment.
26        The  Board shall have the right to reject all bids and to
27    readvertise for bids.  If after  any  such  advertisement  no
28    responsible  and  satisfactory  bid,  within the terms of the
29    advertisement, shall be received, the Board  may  award  such
30    contract, without competitive bidding, provided that it shall
31    not  be less advantageous to the Authority than any valid bid
32    received pursuant to advertisement.
33        The Board shall adopt rules and regulations to carry into
34    effect the provisions of this Section.
 
SB1383 Enrolled             -28-     LRB093 09848 BDD 10096 b
 1    (Source: P.A. 90-328, eff. 1-1-98.)

 2        (70 ILCS 200/240-50)
 3        Sec.  240-50.  Contracts.   All  contracts  for  sale  of
 4    property of the value of more than $10,000 $2500  or  for  an
 5    concession  in  or lease of property including air rights, of
 6    the Authority for a term of  more  than  one  year  shall  be
 7    awarded  to the highest responsible bidder, after advertising
 8    for  bids.  All  construction  contracts  and  contracts  for
 9    supplies, materials, equipment and services, when the expense
10    thereof will exceed $10,000 $2500, shall be let to the lowest
11    responsible bidder, after advertising for bids, excepting (1)
12    when repair parts, accessories,  equipment  or  services  are
13    required  for  equipment  or services previously furnished or
14    contracted for; (2) when the nature of the services  required
15    is  such that competitive bidding is not in the best interest
16    of the public, including, without limiting the generality  of
17    the  foregoing,  the  services  of  accountants,  architects,
18    attorneys,    engineers,   physicians,   superintendents   of
19    construction, and others possessing a high degree  of  skill;
20    and  (3)  when  services  such  as water, light, heat, power,
21    telephone or telegraph are required.
22        All contracts involving less than $10,000 $2500 shall  be
23    let  by  competitive bidding to the lowest responsible bidder
24    whenever possible, and in any event in a manner calculated to
25    ensure the best interests of the public.
26        In determining the  responsibility  of  any  bidder,  the
27    Board  may  take  in account the past record of dealings with
28    the bidder, experience, adequacy  of  equipment,  ability  to
29    complete  performance  within the time set, and other factors
30    besides financial responsibility, but in no  case  shall  any
31    such  contracts  be  awarded  to  any  other than the highest
32    bidder (in case of sale, concession or lease) or  the  lowest
33    bidder (in case of purchase or expenditure) unless authorized
 
SB1383 Enrolled             -29-     LRB093 09848 BDD 10096 b
 1    or  approved  by  the  affirmative vote of at least  6 of the
 2    members of the Board present at a meeting at which  a  quorum
 3    is  present,  and  unless  such  action  is  accompanied by a
 4    statement in  writing  setting  forth  the  reasons  for  not
 5    awarding the contract to the highest or lowest bidder, as the
 6    case  may  be,  which  statement shall be kept on file in the
 7    principal  office  of  the  Authority  and  open  to   public
 8    inspection.
 9        From  the  group of responsible bidders the lowest bidder
10    shall be selected in the following manner: to  all  bids  for
11    sales  the  gross receipts of which are not taxable under the
12    Retailers' Occupation Tax Act, there shall be added an amount
13    equal to the tax which would be payable under  said  Act,  if
14    applicable,  and  the  lowest in amount of said adjusted bids
15    and bids for sales the gross receipts of  which  are  taxable
16    under  said Act shall be considered the lowest bid; provided,
17    that, if said lowest bid relates to a sale not taxable  under
18    said  Act,  any contract entered into thereon shall be in the
19    amount of the original bid not adjusted as aforesaid.
20        Contracts  shall  not  be  split  into  parts   involving
21    expenditures  of  less than $10,000 $2500 for the purposes of
22    avoiding the provisions of this Section, and all  such  split
23    contracts  shall  be  void.  If  any  collusion  occurs among
24    bidders or prospective bidders in  restraint  of  freedom  of
25    competition, by agreement to bid a fixed amount or to refrain
26    from  bidding or otherwise, the bids of such bidders shall be
27    void. Each bidder  shall  accompany  his  bid  with  a  sworn
28    statement that he has not been a party to any such agreement.
29        Members  of  the  Board,  officers  and  employees of the
30    Authority, and their relatives within the  fourth  degree  of
31    consanguinity by the terms of the civil law, are forbidden to
32    be  interested  directly  or  indirectly  in any contract for
33    construction or maintenance  work  or  for  the  delivery  of
34    materials, supplies or equipment.
 
SB1383 Enrolled             -30-     LRB093 09848 BDD 10096 b
 1        The  Board shall have the right to reject all bids and to
 2    readvertise for bids. If  after  any  such  advertisement  no
 3    responsible  and  satisfactory  bid,  within the terms of the
 4    advertisement, shall be received, the Board  may  award  such
 5    contract, without competitive bidding, provided that it shall
 6    not  be less advantageous to the Authority than any valid bid
 7    received pursuant to advertisement.
 8        The Board shall adopt rules and regulations to carry into
 9    effect the provisions of this Section.
10    (Source: P.A. 90-328, eff. 1-1-98.)

11        (70 ILCS 200/280-80)
12        Sec. 280-80.  Contracts; bidding.  All contracts for  the
13    sale  of  property of the value of more than $10,000 $2500 or
14    for any concession in or lease of property of  the  Authority
15    for  a  term  of  more  than one year shall be awarded to the
16    highest responsible bidder, after advertising for bids.   All
17    construction contracts and contracts for supplies, materials,
18    equipment  and services, when the expense thereof will exceed
19    $10,000 $2500, shall be let to the lowest responsible bidder,
20    after advertising for bids excepting (1) when  repair  parts,
21    accessories, equipment or services are required for equipment
22    or  services previously furnished or contracted for; (2) when
23    the nature of the services required is such that  competitive
24    bidding is not in the best interest of the public, including,
25    without   limiting  the  generality  of  the  foregoing,  the
26    services of accountants,  architects,  attorneys,  engineers,
27    physicians,   superintendents  of  construction,  and  others
28    possessing a high degree of skill; and (3) when services such
29    as water, light, heat,  power,  telephone  or  telegraph  are
30    required.
31        All  contracts involving less than $10,000 $2500 shall be
32    let by competitive bidding  whenever  possible,  and  in  any
33    event  in a manner calculated to ensure the best interests of
 
SB1383 Enrolled             -31-     LRB093 09848 BDD 10096 b
 1    the public.
 2        Competitive bidding is not required for the lease of real
 3    estate or buildings owned or controlled by the  Authority  on
 4    July 13, 1982 (the effective date of Public Act 82-786).  The
 5    Board is empowered to offer such leases upon such terms as it
 6    deems advisable.
 7        In  determining  the  responsibility  of  any bidder, the
 8    Board may take into account the past record of dealings  with
 9    the  bidder,  the bidder's experience, adequacy of equipment,
10    and ability to complete performance within the time set,  and
11    other  factors  besides  financial  responsibility, but in no
12    case shall any such contracts be awarded to  any  other  than
13    the  highest bidder (in case of sale, concession or lease) or
14    the lowest bidder (in case of purchase or expenditure) unless
15    authorized or approved by a vote of at least three-fourths of
16    the  members  of  the  Board,  and  unless  such  action   is
17    accompanied  by  a  statement  in  writing  setting forth the
18    reasons for not awarding  the  contract  to  the  highest  or
19    lowest  bidder,  as the case may be, which statement shall be
20    kept on file in the principal office  of  the  Authority  and
21    open to public inspection.
22        From  the  group of responsible bidders the lowest bidder
23    shall be selected in the following manner:  to all  bids  for
24    sales  the  gross receipts of which are not taxable under the
25    "Retailers' Occupation Tax Act", approved June 28,  1933,  as
26    amended,  there  shall  be  added  an amount equal to the tax
27    which would be payable under said Act, if applicable, and the
28    lowest in amount of said adjusted bids and bids for sales the
29    gross receipts of which are taxable under said Act  shall  be
30    considered the lowest bid; provided, that, if said lowest bid
31    relates  to  a  sale not taxable under said Act, any contract
32    entered into thereon shall be in the amount of  the  original
33    bid not adjusted as aforesaid.
34        Contracts   shall  not  be  split  into  parts  involving
 
SB1383 Enrolled             -32-     LRB093 09848 BDD 10096 b
 1    expenditures of less than $10,000 $2500 for the  purposes  of
 2    avoiding  the  provisions of this Section, and all such split
 3    contracts shall be  void.   If  any  collusion  occurs  among
 4    bidders  or  prospective  bidders  in restraint of freedom of
 5    competition, by agreement to bid a fixed amount or to refrain
 6    from bidding or otherwise, the bids of such bidders shall  be
 7    void.   Each  bidder  shall  accompany  his  bid with a sworn
 8    statement that he has not been a party to any such agreement.
 9        Members of the  Board,  officers  and  employees  of  the
10    Authority,  and  their  relatives within the fourth degree of
11    consanguinity by the terms of the civil law, are forbidden to
12    be interested directly or  indirectly  in  any  contract  for
13    construction  of  maintenance  work  or  for  the delivery of
14    materials, supplies or equipment.
15        The Board shall have the right to reject all bids and  to
16    readvertise  for  bids.   If  after any such advertisement no
17    responsible and satisfactory bid, within  the  terms  of  the
18    advertisement,  shall  be  received, the Board may award such
19    contract, without competitive bidding, provided that it shall
20    not be less advantageous to the Authority than any valid  bid
21    received pursuant to advertisement.
22        The Board shall adopt rules and regulations to carry into
23    effect the provisions of this Section.
24    (Source: P.A. 90-328, eff. 1-1-98.)